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Terms and Conditions

Terms of Use AgreementLast revision: August 7, 2015

1. Acceptance of the Terms of UseYour use of the Garden & Pond Depot website including its services is subject to this Terms of Use Agreement. By browsing and/or using the tools and services on this site, you agree to accept this Terms of Use Agreement and you agree to be bound by this Terms of Use Agreement.

2. Errors on Our SiteWe reserve the right to revoke any stated offer and correct errors on the site immediately upon discovery including any inaccuracies and omissions. Orders affected by the said errors will be cancelled and customers will be notified and refunded in full for the purchase.

3. Cancellation PolicyThere is no charge for orders cancelled before your order has been shipped.

4. Warranty PolicyMost of our products are covered under their manufacturer’s warranty. You may contact us for help with any warranty issues you purchased through our store and we will gladly forward you to the appropriate authority on the matter.

5. LiabilityGarden and Pond Depot, its affiliates, officers, stockholder, employees, agents, partners, subsidiaries and licensors shall not be liable to you for any type of damage, including consequential or exemplary damages resulting from the use of our products, the use of our site and its services and the transmission of data. In addition, Garden & Pond Depot shall not be liable for intangible damages including, but not limited to, loss of profits and goodwill. Furthermore, Garden and Pond Depot will not be held liable for any such damage even if Garden and Pond Depot has been advised of the possibility of such damages occurring.

6. Return, Replacement & Exchange Policy

Return PolicyYour satisfaction is important to us. New, unused and resellable items may be returned within 30 days of delivery. All returns require a Return Authorization by contacting us. All items are subject to a 15% restocking fee. Items must be returned in origianl packaging with all original contents. Items not returned in this condition or without a return aythorization will not be accepted.

Merchandise labeled as “refurbished” must be returned in the original state they were received. Please note that any merchandise received without original packaging or in used condition will not be accepted or refunded at our discretion.

Any opened merchandise determined as defective or non working is not eligible for return but is covered by our product-specific replacement policy. Please refer to our product-specific policies below for qualification details.

Customer is responsible for the shipping cost of merchandise returned to us or to one of our drop ship suppliers. We will cover return shipping costs or provide return shipping labels if the return is a result of our error.

Shipment DamageMerchandise damaged during shipment resulting into breakage, physical damage or cracks are eligible for a full refund or replacement. Customer must file a claim within 7 days of confirmed delivery and provide sufficient proof of shipping damage, which includes but not limited to: digital photographs of the package/box and the specific damage on the product itself.

Product-Specific Return & Replacement Policy

Customer must file a claim within 30 days of confirmed delivery and provide sufficient proof of damage / defect, which includes but not limited to: digital photographs of the damage on the product itself. Please visit our Automated Easy Return Center to file a claim. Once approved, either a full product replacement or part (depending on the item – please see the product-specific policies below) will be sent. Replacement process normally takes anywhere from one (1) to four (4) business days.

Water FountainsWater fountains with non-working/defective pumps or lights are covered under our replacement policy. Please note that the replacement lights and pumps that we send may be different from the original ones supplied with your fountain. Most of these replacements are aftermarket parts with better quality and guaranteed to work. Water fountains with leaking issues due to cracks are covered by our replacement policy. Please note that lights and/or pumps may not be included if the replacement was the result of cosmetic issues.

PumpsNone-working or defective pumps are subject to impeller replacement only. If impeller replacement does not fix the issue, please contact us for a new pump replacement.

Statues & BirdbathsStatues received with paint defects, scratches or cracks are covered under our replacement policy. Damages resulting from harsh weather conditions are not covered by our replacement policy.

Warranty ClaimsPlease note that most of our products are covered by their respective manufacturer's warranty. Should any issue arise after the 30 day return / replacement policy period, please contact the merchandise’s manufacturer to file a warranty claim for replacement.

Refunds All refunds are credited back to the same account used to make a purchase. Please note that the time it takes for a refund to reflect back in the account is depended on many external factors such as the fund transfer time between one bank to another and the transaction lead time. For this reason, fund transfer may take anywhere from 3 to 20 business days.

We currently do not accept orders outside of the United States and Canada. However you may use a freight forwarder for your purchase. Please make sure you have the proper insurance for these shipments. All purchases using a secondary carrier are FINAL and Garden and Pond Depot is not responsible for any damages they may occur during the shipping process as we are unable to determine when the damage occurred.

7. Privacy Policy

How do we protect your information?We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

What information do we collect?We collect information from you when you register on our site, place an order or subscribe to our newsletter.

When placing an order or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or credit card information. You may, however, visit our site anonymously.

What do we use your information for?Any of the information we collect from you may be used in one of the following ways:

• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)

• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)

• To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

• To send periodic emails

The email address you provide for order processing will be used primarily to send you information and updates pertaining to your order.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Do we use cookies?Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to help us remember and process the items in your shopping cart and understand and save your preferences for future visits.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

Do we disclose any information to outside parties?We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party linksOccasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

California Online Privacy Protection Act ComplianceBecause we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into their control panel through 'Your Account' and going to either the 'Your Addresses' or 'Your Personal Information' pages.

Children's Online Privacy Protection Act ComplianceWe are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.